Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1920 > November 1920 Decisions > G.R. No. 15656 November 16, 1920 - JESUS VAÑO v. GOVERNMENT OF THE PHIL.

041 Phil 161:




PHILIPPINE SUPREME COURT DECISIONS

EN BANC

[G.R. No. 16666. November 16, 1920. ]

JESUS VAÑO, Applicant-Appellant, v. THE GOVERNMENT OF THE PHILIPPINE ISLANDS, objector-appellee.

Jose A. Clarin for Appellant.

Attorney-General Paredes for Appellee.

SYLLABUS


1. PROPERTY; REGISTRATION; TITLE BY ADVERSE POSSESSION. — V attempts to obtain title to a tract of land containing a little over 3,793 hectares. It is shown that within the perimeter of the land are approximately 686 hectares of forest land and four logging trails in the nature of highways. It is admitted, however, that approximately 1,060 hectares have been under cultivation for many years and that certain other portions have been used by the claimant for pasturage. Held: That with the elimination of the forest land and the logging trails, the applicant can secure title on submission of proper plans to the land of which he is in actual possession.

2. ID.; ID.; ID.; CONSTRUCTIVE POSSESSION. — The doctrine of constructive possession announced in Ramos v. Director of Lands ([1918], 39 Phil., 175), cannot be successfully advanced where the claimant is not holding the land under color of title.


D E C I S I O N


MALCOLM, J. :


All, that applicant desires by these proceedings is to obtain title to a tract of land containing a little over 3,793 hectares, including within its boundaries four municipalities and constituting a not inconsiderable part of the entire Province of Bohol. Certainly a modest hope which, however, was thwarted by the oppositions entered by the Director of Lands and the Director of Forestry, and the adverse judgment of the Court of First Instance of Bohol, denying the registration of the land, with costs against the applicant, without prejudice. Applicant appeals.

To prove title, open, continuous, exclusive, and notorious occupation of the land by the applicant and his predecessors in interest since 1882, interrupted by the revolution, is relied upon. Included within the perimeter of the tract are approximately 685 hectares of forest land and four logging trails in the nature of highways. These portions should, without question, be eliminated from the claim.

The Government concedes, however, that approximately 1,060 hectares are under cultivation and that certain other portions have been used by the claimant for pasturage. (See Exhibits A, 1, and 2.) But the doctrine of constructive possession announced in Ramos v. Director of Lands ([1918], 39 Phil., 175) cannot be successfully advanced, for the claimant is not holding the land under color of title. To the tracts, of which applicant is in actual possession, he can secure title, on submission of proper plans.

Judgment is affirmed, with costs. So ordered.

Mapa, C.J., Johnson, Araullo, Street and Villamor, JJ., concur.




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